Walker v. State Farm Mutual Automobile Insurance Company

Filing 45

ORDER RE: UNOPPOSED MOTION IN LIMINE RE: COLLATERAL SOURCE EVIDENCE AND MEDICAL EXPENSES 44 by Judge Lewis T. Babcock on 6/8/12.(sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Case No. 10-cv-03041-LTB-MJW
GARY G. WALKER, JR.,
Plaintiff,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation,
Defendant.
________________________________________________________________________
ORDER RE: UNOPPOSED MOTION IN LIMINE RE: COLLATERAL SOURCE
EVIDENCE AND MEDICAL EXPENSES
________________________________________________________________________

This Motion comes before the court on an Unopposed Motion in Limine re: Collateral
Source Evidence and Medical Expenses filed by Plaintiff. Being sufficiently apprised of the
contents of said motion, the pertinent law, and all attendant circumstances, this Court
hereby finds and orders as follows:
1.
That pursuant to F.R.E. 401, 402, and 403, evidence, whether testimonial or
documentary, of Plaintiff’s health insurance is not admissible at trial.
2.
That pursuant to Colorado statutes C.R.S. § 13-21-111.6 and § 10-1-135(10(a)
evidence, whether testimonial or documentary, of Plaintiff’s health insurance should not be
admitted at trial.
3.
That the correct measure of damages for Plaintiff’s past medical expenses are those
amounts billed by the medical providers and not the amounts paid by Plaintiff’s health
insurers or others.
4.
That evidence of Plaintiff’s health insurance including, but not limited to, amounts
paid by such health insurers and any reductions in medical bills shall not be referred to,
introduced or admitted at trial in any manner including by testimony, documents, or by
argument. That any such evidence shall be redacted from evidence otherwise admissible
at trial.

5.
That counsel for the parties shall affirmatively explain the prohibitions herein to their
witnesses prior to their testimony at trial.
Dated this

8th

day of June, 2012.
BY THE COURT:

s/Lewis T. Babcock
Lewis T. Babcock, Judge